First Nations Tax Commission – Commission de la fiscalité des premières nations
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31st Mar 2015 | by: FNTC

Bill C-428 underscores importance of the FNG

Under recent changes to the Indian Act, First Nations now have the authority to enact by-laws using sections 81 and 85.1 that will come into force when the First Nation publishes the by-law.

As of December 16, 2014, First Nations are no longer required to forward these by-laws to the Minister, and the Minister no longer has the authority to disallow these by-laws. The amendments to the Indian Act eliminate Ministerial oversight and create new requirements for First Nations to publish all by-laws.

First Nations Bringing Their Own By-laws into Force

First Nation by-laws will now come into force when the First Nation provides public notice through publication. All by-laws made by a First Nation using sections 81 or 85.1 of the Indian Act must be published and will only come into force upon their publication or on a later date specified in the by-law.

First Nations have three options for the publication of their by-laws: in the First Nations Gazette, on a website, or in a newspaper that has general circulation in their community.

The First Nations Gazette is a free, web-based service that provides a quick, easy, secure and reliable permanent archive for First Nations to meet these new requirements.

Why do First Nations choose the First Nations Gazette?

First Nations use the First Nations Gazette (FNG) to provide public notice of First Nation laws, by-laws, land codes, elections, land designations, appointments, and other legal matters.

Close to 200 First Nations use the FNG to post their laws, by-laws, and notices. With a searchable database that houses close to 3,000 items, the FNG is also a powerful communication tool that First Nations can use to provide legal notices, research laws and learn how other First Nations have addressed key issues.

Why is the First Nations Gazette the best option to meet the new By-law publication requirements?
  • Convenience – Submitting by-laws on the FNG is quick and easy.
  • Speed – By-laws are published immediately after a posting submission is accepted and approved for publication.
  • Cost-effectiveness – There is no charge to use any of the FNG’s services, including account registration, postings and search functions.
  • Permanent Archive – Documents posted on the FNG will be stored and accessible in a permanent archive.
  • Security – The FNG uses an encrypted database and Tier 1 level security to ensure data is protected and will not be lost.
  • Reliability – The FNG uses its own virtual private server, replicated in multiple locations in Canada, to create a stable platform with little risk of downtime.

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